Business Heaven/Business Heaven.iso/office/lguide1/marriage.tut

Text File | 1993-01-06 | 12.7 KB | 336 lines

#help.tut EXTRA HELP FOR TUTORIALS
#define.stb ON LINE LEGAL GLOSSARY
In this tutorial we list the age of adulthood (majority) for each
state, the ages for marriage with court approval, without court
approval but with parental approval, for minors, and if common
law marriages are recognized. Many states do not recognize
common law marriages, but, will recognize a common law marriage
if the same is recognized in the state where entered into.

Let's get some terms defined. A common law marriage is a marriage
"without the benefit of clergy." In other words, a marriage in
which there is no formal ceremony. Although each state has its
own rules, the basic requirements for a common law marriage to be
recognized are:

1. There must be verbal assent to the marriage (per verba
preasenti in Latin) by mutual exchange of an agreement to marry

2. There must be a public holding out of the persons as married

3. There must be capacity (in other words, both persons need to
be unmarried and of legal age)

The idea behind recognizing common law marriages was that in the
good old days, folks just didn't have the ability to go and ride
for a few days on a horse to get to the county seat for a
license. That simply isn't a realistic scenario anymore. In fact,
it is a nightmare when dealing with social security etc. to prove
that you are married if you don't have a license! Nevertheless we
document the present rules on the situation.

Alabama-- Minimum age for marriage without consent-- 18
Adulthood-- age 19 (liquor 21)
With consent-- common law
Common law marriage-- Yes

Alaska-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16 (Between 14 and 16 with Court order)
Common law marriage-- Repealed in 1917

Arizona-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16 (Below this age by court approval)
Common law marriage-- Not recognized

Arkansas-- Adulthood-- age 18 (over 16 with court "emancipation")
(liquor 21)
Minimum age for marriage without consent-- 17 males, 16 females
With consent-- No age specified
Common law marriage-- Not recognized

California-- Adulthood-- age 18 (Emancipation by court petition
available above 14)
Minimum age for marriage without consent-- No provision
With consent-- No provision
Common law marriage-- Not recognized

Colorado-- Adulthood-- age 21 (however, those over 18 may make
contracts on their own account; Court emancipation possible)
Minimum age for marriage without consent-- 18
With consent-- 16 (Under with Court order)
Common law marriage-- Recognized

Connecticut-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16 (Below 16 with Court order)
Common law marriage-- Not recognized. It is presently uncertain
under Connecticut law if a common law marriage valid where
contracted is valid in the state.)

Delaware-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16 females only (except when the couple are
expecting a child then Court procedure required)
Common law marriage-- Not recognized; out of state common
law marriages are recognized

District of Columbia-- Adulthood-- age 18
Minimum age for marriage without consent-- 18
With consent-- 16
Common law marriage-- Recognized

Florida-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16 (except when the couple are expecting a child
then court procedure available)
Common law marriage-- Repealed Jan. 1 1968

Georgia-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 16
With consent-- No minimum age; may receive marriage license if
couple is expecting a child or have already had one
Common law marriage-- Recognized

Hawaii-- Adulthood-- age 18
Minimum age for marriage without consent-- 16
With consent-- 15 (Court consent)
Common law marriage-- Not permitted; Recognized if entered into
     in another state recognizing the same

Idaho-- Adulthood-- age 18
Minimum age for marriage without consent-- 18
With consent-- 16
Common law marriage-- Recognized

Illinois-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent--
With consent--
Common law marriage--

Indiana-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent--18
With consent--17; females 15 with court approval and pregnancy
Common law marriage-- Not recognized since 1958; no definitive
    case law

Iowa--Adulthood-- 18 (or marriage)
Minimum age for marriage without consent--18
With consent-- no minimum provided
Common law marriage-- Recognized

Kansas-- Adulthood-- age 18 or 16 if married (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 14 male, 12 female
Common law marriage-- Recognized

Kentucky-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- Specific age not specified; requires consent
     of Court or parents
Common law marriage-- Not recognized; however for purposes of
     death benefits under worker's compensation a death benefit
     may be paid to a "spouse in fact"

Louisiana-- Adulthood-- 18 (or marriage; may be emancipated after age
     15)
Minimum age for marriage without consent-- 18
With consent-- Unknown
Common law marriage-- Not recognized

Maine-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 16
With consent-- 16 with parents or Court's consent
Common law marriage-- "Probably not recognized" (point is
     undecided by state's highest court; out of state common law
     marriage would probably be recognized

Maryland-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- Males 17, females 16; or if the couple have or are
     expecting a child
Common law marriage-- Not recognized; recognized if valid where
     entered into

Massachusetts-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 14 males, 12 female with court approval
Common law marriage-- Not recognized

Michigan-- Adulthood-- age 18
Minimum age for marriage without consent-- 18
With consent-- No age specified for males; female may not be
     below 16
Common law marriage-- Not recognized since 1/1/57

Minnesota-- Adulthood-- 18
Minimum age for marriage without consent-- 18
With consent-- 16
Common law marriage-- Recognized if entered into before 1941

Missouri-- Adulthood-- 18
Minimum of age for marriage without consent-- 18
With consent-- 15
Common law marriage-- Recognaized if entered into before 1921

Mississippi-- Adulthood-- age 21 (Many rights are granted after
     age 18 including the right to hold property)
Minimum age for marriage without consent-- Male 17, female 15
With consent-- No minimum age specified; marriage below minimum
     age requires court and parental consent
Common law marriage--

Montana-- Adulthood-- age 18 (liquor 19)
Minimum age for marriage without consent-- 18
With consent-- 16 (requires parental and court approval
Common law marriage-- Recognized

Nebraska-- Adulthood-- age 19 (liquor 21) (individual recognized
    as an adult upon marriage
Minimum age for marriage without consent-- 19
With consent-- 17 (with both parents approval)
Common law marriage-- Not recognized since 1923; but recognized
    if valid where entered into

Nevada-- Adulthood-- age 18 (minors can be emancipated by court
    action after age 16)
Minimum age for marriage without consent-- 18
With consent-- 16, with consent of parents; below 16 with court
    approval
Common law marriage-- Not recognized; no provision concerning
    out of state common law marriages

New Hampshire-- Adulthood-- age 18
Minimum age for marriage without consent-- 18
With consent-- 14 males, 13 females with court approval
Common law marriage-- Not recognized; out of state common law
    marriages are recognized

New Jersey-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16; below 16, if pregnant and with court approval
Common law marriage-- Not recognized since 1939

New Mexico-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16; below 16 with court approval
Common law marriage-- Not recognized; if recognized in the state
    where entered into then recognized

New York-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16; 14-16 with court approval
Common law marriage--

North Carolina-- Adulthood-- age 18 (liquor 21; may not run for)
     elected office beolow age 21)
Minimum age for marriage without consent-- 18
With consent-- 16; 12 if is female pregnant with court approval
Common law marriage-- Not recognized; will recognize common law
     marriage if valid where entered

North Dakota-- Adulthood-- age 18 (liquor 21)
Minimum age for marriage without consent-- 18
With consent-- 16 (below 16 marriage not permitted)
Common law marriage-- Not recognized

Ohio-- Adulthood-- age 18 (liquor 21) (emancipation by court
     order is possible)
Minimum age for marriage without consent-- 18
With consent-- 16
Common law marriage-- Recognized

Oklahoma-- Adulthood-- age 18 (liquor 21 (emnacipation is
     possible via court order)
Minimum age for marriage without consent-- 18
With consent-- 16; under 16 marraige only permissible if the
     female is pregnant
Common law marriage-- Recognized

Oregon-- Adulthood-- age 18
Minimum age for marriage without consent-- 18
With consent-- 17; below 17 with court approval
Common law marriage-- Not recognized; if valid where entered
     into then recognized in state

Pennsylvania-- Adulthood-- age 21
Minimum age for marriage without consent-- 18
With consent-- 16; below 16 requires the permission of the
     Orphan's Court
Common law marriages-- Are recognized

Rhode Island-- Adulthood-- 18 (21 liquor)
Minimum age for marriage without consent--18
With consent-- 16; males may marry at 14 and females may marry at
     12 provided that court approval is obtained after compulsory
     investigation by child welfare agency
Common law marriages-- Recognized; no definitive ruling as to the
     recognition of out of state common law marriages

South Carolina-- Adulthood-- 18 (21 liquor)
Minimum age for marriage without consent-- 18
With consent-- 16 for males, 14 for females
Common law marriages-- Recognized

South Dakota-- Adulthood-- 18 (21 liquor)
Minimum age for marriage without consent-- 18
With consent-- 16, only if female is pregnant and with parental
     consent
Common law marriages-- Not recognized since 1959

Tennessee-- Adulthood-- 18 (21 liquor)
Minimum age for marriage without consent-- 18
With consent-- 16, only if female is pregnant and with parental
     consent
Common law marriages-- Not recognized since 1959

Texas-- Adulthood-- 18 (or marriage; may be emancipated after age
     16
Minimum age for marriage without consent-- 18
With consent-- 14; below 14 requires court approval
Common law marriage-- Recognized; please note that Texas has an
     unusual arrangement; you can register common law marriages


Utah-- Adulthood-- 18 (or marriage)
Minimum age for marriage without consent-- 18
With consent-- not specified;
Common law marriage-- Recognized under stringent rules; the most
     important of which is that a judicial determination must be
     made within a year of the termination of the marriage

Vermont-- Adulthood- 18 (or marriage)
Minimum age for marriage without consent-- 18
With consent-- 16; 14-16 requires court consent
Common law marriage-- Not reccognized

Virginia-- Adulthood-- 18 (21 for liquor)
Minimum age for marriage without consent-- 18
With consent-- 16;
Common law marriage-- Not recognized; however, common law
     marriages valid where entered into are recognized

Washington-- 18
Minimum age for marriage without consent-- 18
With consent-- 17; below 17 requires court approval
Common law marriage-- Not recognized; however, out of state
     common law marriages are recognized

West Virginia-- Adulthood-- 21 (Court emancipation possible at
     age 16 or if over 16 and married)
Minimum age for marriage without consent-- 18
With consent-- Quite limited
Common law marriage-- Not recognized; out of state common law
     marriages may be recognized in certain cases

Wisconsin-- Adulthood-- 18
Minimum age for marriage without consent-- 18
With consent-- 16
Common law marriage-- Not recognized; out of state unsettled

Wyoming-- Adulthood-- 19
Minimum age for marriage without consent-- 19
With consent-- 16
Common law marriage-- Not recognized